Rizzo v. New Jersey Manufacturers Insurance

18 Pa. D. & C.3d 144, 1981 Pa. Dist. & Cnty. Dec. LEXIS 513
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJanuary 29, 1981
Docketno. 79-12953-09-6
StatusPublished

This text of 18 Pa. D. & C.3d 144 (Rizzo v. New Jersey Manufacturers Insurance) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rizzo v. New Jersey Manufacturers Insurance, 18 Pa. D. & C.3d 144, 1981 Pa. Dist. & Cnty. Dec. LEXIS 513 (Pa. Super. Ct. 1981).

Opinion

RUFE, J.,

This motion to compel arbitration is before the court for disposition pursuant to B.C.R.C.P. *266. The relevant allegations are as follows.

The petition alleges that on April 5, 1977 Katherine Rizzo was operating a 1972 Oldsmobile coupe (serial number 133036), with her daughter Linda as a passenger, when the vehicle collided with two other automobiles at the intersection of U.S. Route 1 and Lower Morrisville Road in Falls Township, Bucks County, Pa. It is alleged that the collision resulted in serious bodily injuries to both Katherine Rizzo and Linda Rizzo.

Albert Rizzo is the husband of Katherine Rizzo and the father of Linda Rizzo. (Hereinafter the three Rizzos will be referred to as petitioners.) Petitioners allege that the two other vehicles involved in the April 5, 1977 accident and their drivers, Sharon Bocken and Helen Murray, were insured by the Safeguard Mutual Insurance Company which was subsequently required to suspend its operations pending the outcome of insolvency proceedings instituted by the Pennsylvania Insurance Commissioner. This total suspension of the business of the Safeguard Mutual Insurance Company led to an order on August 15, 1979 by the Honorable Paul R. Beckert, President Judge, which stayed all cases in [146]*146Bucks County in which Safeguard Mutual Insurance Company or its insureds are parties.

At the time of the accident there were two policies in effect which insured Rizzo cars, to wit, policy FA-370390-7 (hereinafter F) which specifically covered the Oldsmobile and policy BA-275729-2 (hereinafter B) which did not. Both policies were written by New Jersey Manufacturers Insurance Company (hereinafter respondent) and each contained an uninsured motorist clause. Based on the stay order entered by Judge Beckert on August 15, 1979 petitioners concluded that Bocken and Murray were uninsured motorists as defined by their policies. Respondents did not agree, so on July 24, 1979 petitioners gave written notice to respondent of their demand for arbitration pursuant to a clause which provided for arbitration if an insured and respondent disagreed as to whether the insured was entitled to uninsured motorists benefits. Pursuant to policy F which provided that arbitration would be conducted in accordance with the provisions of the Pennsylvania Arbitration Act of April 25, 1927, P.L. 381, 5 P.S. §161 et seq., petitioners chose an arbitrator, but respondents refused to do so.

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Bluebook (online)
18 Pa. D. & C.3d 144, 1981 Pa. Dist. & Cnty. Dec. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rizzo-v-new-jersey-manufacturers-insurance-pactcomplbucks-1981.